04/20/2004 (2) - Laserfiche WebLink

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Education, Libraries, Fire/Emergency Services, Law Enforcement, Public Buildings, Parks and Recreation Facilities. The areas under study are capital costs of these facilities, land and equipment. Mr. Wallace reviewed the policy summary, detailing the recommendations needing a decision from the County to move forward. The policy decisions necessary to proceed with the study involved the development of a brochure and enhancing the website, adding the position of Impact Fees Administrator within the County, policies on how to implement impact fees, when to collect impact fees, establishing interlocal agreements with the cities and the school board, providing provisions for developer credits, areas of exemption, areas to benefit, Mr. Wallace establishing a level of service, and updates to the program. pointed out that impact fee revenue must be spent in a reasonable time period (within 6 years) otherwise the applicant has Mr. Wallace the right to file for a refund if the monies are not spent to his benefit. In summary, outlined their intended progress over the next four months. Chairman Ginn stated during Mr. Wallace’s presentation that enough notification has been given to the public regarding this study and that any ordinance would become effective the day after it comes back from the state. Tyson Smith from the Law Firm Freilich, Leitner and Carlisle, spoke on the legal parameters that constrict the adoption, creation of, and implementation of impact fees, and what distinguishes impact fees from other revenue generated sources. One of the key distinguishers is proportionality. Different from taxes, impact fees have to be proportionate in amount based on the need being created by the development paying the fee, and a substantial benefit from the expenditure of the fees has to flow back towards the development paying the fees. APRIL 20, 2004 4 SPECIAL MEETING